42
UNITED UNIVERSITY PROFESSIONS Report of the Task Force on Retirees 12/22/2016 Members of the Task Force: Patricia W. Bentley David G. Curry, Chairperson Clifford D. DaVis Edward Drummond James D. Engle Jeanne L. Galbraith Barbara T. Maertz Charles F. McAteer Jeriluanne O'Bryan-Losee, board liaison Robert J. Reganse D. Jo Schaffer Plattsburgh Plattsburgh Cobleskill Stony Brook HSC Morrisville Stony Brook HSC Farmingdale Stony Brook Morrisville Farmingdale Cortland

Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

UNITED UNIVERSITY PROFESSIONS

Report of the Task Force on Retirees

12/22/2016

Members of the Task Force:

Patricia W. Bentley David G. Curry, Chairperson Clifford D. DaVis Edward Drummond James D. Engle Jeanne L. Galbraith Barbara T. Maertz Charles F. McAteer Jeriluanne O'Bryan-Losee, board liaison Robert J. Reganse D. Jo Schaffer

Plattsburgh Plattsburgh Cobleskill Stony Brook HSC Morrisville Stony Brook HSC Farmingdale Stony Brook Morrisville Farmingdale Cortland

Page 2: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

1

Table of Contents

Page number

1. Executive Summary 2

2. Task Force charge 3

3. Background 3

4. Research on how other NY unions handle retirees 5

5. Task Force discussion 5

6. Recommendations 8

Appendices

Task Force meeting minutes 5-13-16 initial DA meeting 5-31-16 conference call 7-14-16 conference call 8-4-16 conference call 9-30-16 DA meeting 10-28-16 conference call

11-22-16 conference call 1998 Retiree Chapter proposal 2007 Retiree Council proposal

2016 Proposal to limit retiree delegates

Page 3: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

The full wording of the recommendations with rationale is found in the report that follows.

2

Executive Summary

"The Task Force is charged with looking at several issues on the role retirees play in UUP. The issues range from finances to representation, but are not limited in any way." The Task Force was made up often retired members ofUUP, including the current COARM chairperson, and one active member who is currently serving on the Statewide Executive Board as liaison.

We reviewed documents dating back to 1994 including three previous retiree task force/committee reports. It was clear from reviewing these historical documents that the question of the relationship of retirees to UUP has been an ongoing issue for at least the last 20 years. While some progress has been made, several basic issues have remained unresolved and were addressed by this Task Force.

First, under the current Constitution, there is no prohibition against retiree members serving as Statewide Officers or Executive Board members.

Second, the COARM chair is a member of the Statewide Executive Board but does not have a vote.

Third, with 36,573 active members and 5095 retiree members, total membership in UUP is 41,848. Thus, retirees are 12.2% of the total membership but are 22.8% of the elected chapter delegates and have been about 22% of the delegates attending the last several Delegate Assemblies.

After two face-to-face meetings and seven conference calls, the following recommendations were developed for delivery to the UUP Statewide Executive Board and the President: 1. Because the UUP Constitution allows retirees to run for Statewide office, the Task Force

recommends UUP consider a constitutional amendment to prohibit retirees from serving on the

Statewide Executive Board or as Statewide Officers. 2. As the COARM chairperson is the only retiree representative on the Statewide Executive Board and

should be one among equals, the Task Force recommends the COARM chair be given a vote on the Statewide Executive Board. 3. As retiree delegates are 22% of the delegates at recent DAs, but only 12% of the total UUP membership, a method should be found to bring the number of retirees elected as delegates in line with the actual percentage of retirees in the union. 4. As the constitutional amendment to create an Officer for Retirees at every campus was approved by the Fall, 2016 Delegate Assembly, COARM should be encouraged to consider ways to optimize the utility of these officers to UUP, COARM and the retired members. 5. The Task Force recommends COARM consider whether a name change might help to clarify its function. 6. We recommend UUP begin negotiations with NYSUT to bring UUP in to compliance with the

NYSUT constitution and Landrum-Griffith so UUP retirees can regain representation on the NYSUT

Retiree Council. 7. UUP should reassess the relationship of retired members to the union in 9 years (3 election cycles).

Page 4: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

chapters of a total of514 delegates elected at all the chapters (22.8%). Actual DA attendance has

3

Task Force charge: The full charge from President Kowal to the Task Force is as follows: "The Task Force is charged with looking at several issues on the role retirees play in UUP. The issues range from finances to representation, but are not limited in any way. The group should be prepared to meet at the Spring DA, electronically during the summer months and then make a report to the Executive

Board during the Fall Delegate Assembly if work is completed. At latest, the committee should be prepared to report at the Winter 2017 DA." This document is the final report.

Background:From the Constitution of UUP: "The purpose of this organization shall be to improve the terms and conditions of employment of those it represents; to promote mutual assistance and cooperation among the members of this organization; to advance education in a democracy and democracy in education; to promote the principle of unity and collective bargaining in higher education; and to defend the civil, professional, and human rights of those it represents." (Article II) Retired membership is open to any person who has retired from active service while a Regular member of United University Professions. In reading the Constitution, retired members are entitled to all the rights and privileges of Regular membership. This includes holding office at the chapter and state level and voting in chapter and statewide elections. (Article III) The only exception is retirees cannot

vote on the contract as only bargaining unit members can vote. The Membership Development Officer serves as a member of the Committee of Active Retired

Membership (COARM). "The Committee on Active Retired Membership shall work to encourage and promote retired membership, shall make recommendations with regard to organizational structures wherein retirees and the Union may continue their mutually beneficial relationships, shall propose means whereby the interests of Retired members are referred to appropriate bodies, shall consider such other matters as may be referred to it, and shall report to the President, the Executive Board, and the Delegate Assembly." (Article X, Section l.h.)

The Constitution is largely silent on the difference between Regular membership and Retired membership. There are few references to the role of retirees in the Constitution other than to nominate and vote in chapter elections. In particular, the Constitution is silent on whether retired members can serve as Statewide Officers or Executive Board members, stating only that "Officers and members of the Executive Board shall be elected by and from the membership ofthe Delegate Assembly." (Article VIII, Section 4)

As of November 28, 2016, there are 5095 dues-paying retired members ofUUP out of a total

membership of 41,848. The bargaining unit membership is 36,753. Thus, retirees represent 12.2% of

the entire membership. Over 3750 of the active retirees have New York addresses meaning

approximately 1350 live out of state. 301 have Florida addresses, North Carolina (98), New Jersey

(80) and Massachusetts (70) rounding out the top 5 states for most retiree addresses. According to the Membership office, 117 retired members are currently elected as delegates at their

Page 5: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

4

averaged 57 retirees out of258 total delegates at the last three Delegate Assemblies (22%). Given

retirees are only 12.2% of the total UUP membership, active retirees are over-represented at Delegate Assemblies. Further, retirees make up as much as 35% of the attendees at NYSUT RA's and AFT conventions. This is not perceived as a problem, however, since UUP never has a full delegation to

affiliate conventions.

There have been a number of previous ad hoc committees/task forces examining the role of retirees within UUP. This current Task Force examined reports dating back to 1994. Over the years, there have been proposals to create a retiree chapter and a retiree council -both failed when put to the

delegates. As a result, this Task Force was constituted to take a fresh look at the relationship ofUUP retirees to the union.

Documents made available to this Task Force by D. Jo Schaffer, current Chair of COARM, and others, reveal that many of the same questions about the role of retirees have challenged the organization for over 20 years. There are references to a constitutional amendment from Fredonia in 1996 that would have barred retirees from holding chapter or statewide offices. Once obtained, that constitutional amendment was found to be a 3-part amendment (Fall 1996 DA minutes) which was referred to a Retiree Review Committee for evaluation and recommendations.

The Retiree Review Committee issued a report which recommended a 'no' vote on the amendment.

The primary argument against it was "the total disenfranchisement of a loyal and hardworking group of

members. It would be insulting and unjust to tell retirees that they may work for the union and not be

able to hold elective office." (1997 Winter DA minutes) The Fredonia amendment was voted down

immediately after this report was presented to the DA. Their report did include one recommendation that appears to have been followed eventually -adding "one retired member ofUUP" to the Executive Board. That recommendation was adopted in a 2002

constitutional amendment with the addition of the COARM chair as a non-voting member of the Executive Board.

In 1998, the UUP Executive Board put forward a constitutional amendment to create a Retiree

Chapter. This proposal was well thought out and thorough and would have put retiree representation at the Delegate Assembly in balance. Unfortunately, while supported by the Executive Board, it was voted down at the DA. (see Appendix).

In 2002 a UUP Retiree Participation Committee was convened, chaired by Tom Matthews. Much of their work was directed at an open hearing at the Spring 2002 DA. Their recommendations included the creation of an elected chapter retiree coordinator. No action was taken on this recommendation.

The 2002 committee further recommended the UUP Constitution "be amended to prohibit retirees from serving as elected officers of chapter." They did not address retirees running for delegate positions to the DA. This proposal saw no action, either.

Page 6: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

5

Additionally, the UUP Retiree Participation Committee report of 2002 recommended COARM change its name, but did not offer suggestions. And finally, the committee felt a completely separate retiree chapter as proposed 4 years earlier still did not make sense.

In 2007, a group chaired by then MDO Ed Quinn put forward a draft constitution for NYSUT Retiree

Counci140, 41, 42. No additional details are available, but no action was taken. (see Appendix) We must remember that retirees hold the institutional memory ofUUP. Founding members and early officers are now current retired members. While we must respect the past and learn from it, UUP must look to the future to fulfill its mission for those it represents. This Task Force has worked hard to

balance the voices of then and now.

Research on bow other New York unions handle retirees

Professional Staff Congress (PSC), representing CUNY academic employees, has a retiree chapter as its model with 2700 members. It is their largest chapter and has a branch in Florida.

Their affiliation through the PSC with NYSUT, AFT, NEA, the AFL-CIO and COMRO (Council of Municipal Retiree Organizations ofNYC), along with membership in Alliance for Retired Americans and its State and City affiliates, NYSARA and NYCARA, makes the Retirees Chapter a powerful advocacy group.

Because of its size and makeup of multiple local teachers associations, as well as the inclusion of health care workers and non-teaching staff in the various bargaining units, NYSUT uses a Retiree Council

structure with 46 retiree councils including one in Florida. Some locals make provisions for retiree membership and some do not. Locals that have retiree membership either keep retired members directly

within the local or provide for a retiree chapter. Retiree councils are recognized in the NYSUT constitution and can elect delegates to the Representative Assembly (RA), which is the

highest policymaking body of the union.

CSEA has 21 retiree locals in New York and 3 in Florida. Their retiree benefits mirror those of NYSUT and UUP and they continue to pursue the lawsuit against the State of New York concerning changes to retiree health insurance included in the Governor's budget several years ago.

New York State Public Employees Federation (PEF) uses a chapter model for its retirees with 12 in-

state chapters. These chapters are not part of the active PEF organization, however, there is one retiree

representative on the PEF Executive Board.

Task Force Discussion The minutes of the Task Force meetings can be found in Appendix A to this report. Face-to-face meetings of the entire Task Force were held at the 2016 Spring and Fall DA's. We had an additional seven monthly conference calls during the Summer and Fall.

Page 7: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

6

Two major questions quickly emerged from our deliberations: 1) should retiree delegates be allowed to run for statewide office? and 2) should any limit be placed on the number of retirees elected as delegates?

While the UUP Constitution places retirees in the category of 'special members' along with 'sustaining members', and the Constitution does restrict the sustaining members from running for any office, there

is no such restriction on retiree members. In 1996 the Fredonia chapter introduced a constitutional amendment that would have restricted retirees from running for statewide office. However, this

amendment included two other constitutional changes and the entire package was defeated (Fall 1996

DA minutes). In our discussions the Task Force agreed that restricting retirees from running for statewide office was important, but that retirees should be able to offer their experience to their chapters and should be able to represent UUP at the affiliate meetings since UUP never has a full delegation to NYSUT or AFT. This led us to agree upon Recommendation #1.

There was discussion about restricting retirees from running for chapter office, as Fredonia proposed in a second part of their amendment. The consensus, based on anecdotes, was that chapters are often dependent on the dedication of retirees and might not be able to function without their volunteering. Thus, no proposal was advanced to restrict retirees as chapter officers.

Regarding the second question, the Task Force agreed it was not in the best interest of the union for retirees to be 22% of those attending, and voting, at Delegate Assemblies. First, we/retirees are not impacted by 'terms and conditions' so while we should present our historical perspective on these issues, we should not be voting on such matters. Second, it has been speculated that retirees who run for delegate office inhibit active members, especially junior members, from running -if a retiree is ready and willing, and has the time, why should a junior member put themselves out? We have no data to support this statement, but it is oft repeated.

It is important to note that retirees provide significant support to the union in advocacy with legislators

as well as service on most UUP committees. However, these activities do not require they be elected

delegates. A review of the Fredonia amendment of 1996 shows their plan was to limit retiree participation in Delegate Assemblies to eight delegates-the COARM chair and the seven Regional Directors. This is clearly too low a number, since retirees do carry the institutional memory of the union, and to some degree, chapter members should have the right to elect whomever they choose. That said, a chapter delegation made up of all retirees would not be in anyone's best interest. Thus, some way of controlling the number of delegates who are retired members is needed.

Much discussion occurred during conference calls regarding how a reduction in retiree delegates might be achieved. The proposals included resurrecting the Retiree Chapter proposal of 1998. This constitutional amendment was very detailed and would result in retiree representation at the DA in proportion to their overall numbers, just like all chapters. This proposal was rejected in 1998 and this Task Force, after much discussion, agreed a retiree chapter would likely be rejected again. Active retirees have a strong identification with their campus and chapter. After so many years, it's unlikely

Page 8: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

7

minds could easily be changed to support a retiree chapter now, especially since 22% of the voters would be retirees.

Two other proposals involved directly limiting the number of retirees who could run for delegate

office. One involved a fixed number of retirees as delegates from each chapter. Smaller chapters (10 or fewer delegate) could elect up to 2 retirees, I A, 1 P. For chapter of 11-20 delegates, 3 retirees, with the third delegate from the largest category of that chapter (A or P) and for chapters with more than 21

delegates, up to 4 retirees, 2 from each category. The other proposal was more complex and would tie the number of retirees running for delegate office to the number of retirees at the chapter. The result would be 86 retirees elected out of 514 total delegates or 16.7%. After much discussion of all proposals, the Task Force agreed the ideas should be submitted in the final report without final recommendation. However, it would appear that another task force would be needed to address this issue with the participation of active members, since any solution will impact the chapters.

The proposal to add an Officer for Retirees at each chapter was discussed by the Task Force. Because this had been advanced before the creation of the Task Force, and because it already had chapter sponsors, the Task Force members voted to support this constitutional amendment. However, this support was limited to encouraging Charles McAteer to continue to work through chapters to move the amendment forward. The Task Force agreed the addition of this chapter officer would provide a focal point for retirees with union issues. While we realize there is no prohibition to chapters creating this position, requiring all chapters to do this, through the resolution that approved at the Fall, 2016 DA, will provide a pool of chapter representatives that can improve communication between COARM members and the chapters. This communication improvement could be achieved through several mechanisms -the Officers for Retirees might participate in orientations/retreats conducted by

COARM or might form groups based around the COARM regions as consultants to the Regional Directors. Because the first cohort of Officers ofRetirees have not yet been elected, or even nominated, the Task Force feels these discussions should be left for the future.

One financial concern that was brought up early in our discussions was whether the funds spent bringing retiree delegates to a DA might be seen as agency fee rebatable. This question was taken to Elizabeth Hough, advisor to the president, who assured us that since these members were elected by their chapters to represent them at the DA, there is no question about the appropriateness of expending dues money to finance their travel and lodging. Further, she assured the Task Force chairperson that an organization's constitution or bylaws were the appropriate place to define the role of all classes of members including who can or can't run for office. The Taylor Law, not Federal law, governs UUP and the Taylor Law does not regulate internal union matters like elections. Since the current UUP constitution is silent on retirees running for statewide office, this is essentially approval for a retiree to run. This information further supports our first recommendation.

Another issue discussed by the Task Force was changing the name of COARM - the Committee of Active Retired Members. While this isn't a problem that affects the relationship of retirees to UUP,

Page 9: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

8

the name and its acronym and the committee itself are not well understood by many members, both active and retired. COARM is a committee of just 11 members yet it is charged with representing the now 5095 active retired members. The 11 members include the seven Regional Directors, each overseeing a region including several UUP chapters, two appointees by the UUP President, the Membership Development Officer and the COARM chairperson.

Several suggestions for names came forward, but the point was made that the current name is accurate. COARM only represents 'active' retirees- those who were members when they retired and have

maintained their membership- not all UUP retirees. Given this reality, the Task Force feels the issue of a name change should be left to COARM to discuss.

Finally, we discussed the unsatisfactory relationship ofUUP retirees to NYSUT, but did not have enough information to make a solid recommendation as to how this can be fixed. UUP retirees should have nine seats on the NYSUT Retiree Council, but as our retiree elections don't comply with Landrum-Griffith, we cannot seat any delegates. While COARM receives materials from NYSUT, this is not the same as a formal relationship. There must be a solution, but it requires consultation at the executive levels of both organizations. Our recommendation is to UUP leadership to pursue a permanent solution in conjunction with NYSUT.

Recommendations

1. The Task Force recommends UUP consider a constitutional amendment to prohibit retirees

from serving on the Statewide Executive Board or as Statewide Officers. A proposed

constitutional amendment is as follows: Article III, section 1 b. Special membership, either Retired or Sustaining: Retired members may vote but may not run for offices elected at Delegate Assemblies. If a member retires while holding an office elected at a Delegate Assembly.they may complete their term but may not run again. Sustaining members may vote but may not hold office at the Chapter, Local or Affiliate levels. (new language is underlined) Rationale: While this has not yet been a problem, it could arise. Retirees should not be in a position to influence terms and conditions of employment of the Regular members. Retirees

are currently represented on the Executive Board by the Retired Delegate (the chair of COARM). This amendment would still allow retirees to run for office at the Chapter and Affiliate levels.

2. The Task Force recommends the COARM chair, aka Retired Delegate, be given a vote on the Statewide Executive Board. One way this could be accomplished (with the secondary gain of

smoothing the COARM chair election) is by moving the COARM chair election to the DA like other Executive Board members.

Rationale: The addition of one more voting member to the Executive Board would have little effect on the outcome of any given vote, but would make the COARM chair an equal voice on the Executive Board. Further, by electing the chair from the DA, the slate of candidates would

Page 10: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

9

be limited to active retirees who have regularly participated in the union. In the last COARM chair election, there were II candidates, only a few of which were active in the union. If the option to elect the Retired Delegate at the DA is chosen, this recommendation must be made an exception to Recommendation I which would prohibit such this option.

3. A method should be found to bring the number of retirees elected as delegates in line with the actual percentage of retirees in the union. The Task Force was unable to agree on a method to operationalize this goal- we discussed three options but it's likely there are many more. This is a significant change in the relationship of active retirees to the union so further discussion with input from active members should be planned. This probably requires another task force. This task force should be comprised of both retired and active members since any recommendation must be voted on by the Delegate Assembly. Rationale: Currently retirees are 22% ofUUP delegates. This is far above the 12% of retirees in the union, and retirees are the fastest growing group within UUP. Having delegate positions filled by retirees limits the ability of active members to participate in the work of the Delegate Assemblies. While it said that some chapters would not be able to field a full delegation to the DA without retirees as delegates, the Task Force had no way to prove that is true. But if more delegate positions are open by restricting retirees from running, chapters will be forced to recruit more active members to run. Retirees have important institutional memory for the union, and their voices should be heard on matters pertaining to legislative issues and retirement planning, but since they are not impacted by 'terms and conditions of employment', their ability to vote on such matters in the Delegate Assembly is problematic. At the same time, retirees make up 35% of those attending recent NYSUT and AFT conventions and the UUP delegation is still not full. While restricting the ability to be delegates to UUP DAs is needed, retirees fill an important role with our affiliates.

4. As the constitutional amendment to create an Officer for Retirees at every campus was approved by the Fall, 20I6 Delegate Assembly, COARM should be encouraged to consider ways to optimize the utility of these officers to UUP, COARM and the retired members. Rationale: These officers represent a pool of active retirees that can improve communication between COARM and the retired members. How this can be accomplished should be left to the first cohort of Officers ofRetirees in collaboration with COARM. Several suggestions can be found on page 5 of the discussion section of this report and in the minutes of 1I-22-I6.

5. The Task Force recommends COARM consider whether a name change might help to clarify

its function. Rationale: The Committee on Active Retired Members or COARM is a sometimes

misunderstood name for a committee of II members with responsibility for serving the 5095 active retired members. This question has been asked in the past and never addressed.

6. The Task Force recommends that the MDO, COARM chair, UUP secretary/treasurer and NYSUT representative (and others as required) begin negotiations to bring us into compliance with the NYSUT constitution and the requirements of Landrum-Griffith so UUP retirees can

again be seated on the NYSUT Retiree Council.

Page 11: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Report of Task Force on Retirees 2016

10

Rationale: Because of the issue around how the retiree elections are held, we don't comply with Landrum-Griffith. However, it seems there must be a way to meet the requirements and restore our retiree representation in both NYSUT and AFT.

7. UUP should reassess the relationship of retirees to the union in 9 years. This will be 3 election cycles and will allow time to see how the chapter Officer for Retirees is working.

Thank you for the opportunity to continue to serve UUP in retirement.

Members of the Task Force:

Patricia W. Bentley David G. Curry, Chairperson Clifford D. DaVis Edward Drummond James D. Engle Jeanne L. Galbraith Barbara T.Maertz Charles F. McAteer Jeriluanne O'Bryan-Losee, board liaison Robert J.Reganse D. Jo Schaffer

Plattsburgh Plattsburgh Cobleskill Stony Brook HSC Morrisville Stony Brook HSC Farmingdale Stony Brook Morrisville Farmingdale Cortland

Submitted to the President on December 26, 2016

Page 12: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Retiree Task Force minutes 5/14/16 Page 1

APPENDIX I

UUP Task Force on Retirees Draft Minutes of Initial Meeting

May 13,2016

1. Attendance and introdudions

The first meeting of the Task Force on Retirees was called to order by Chair David Curry at 10:30 a.m. on Friday,13 May 2016 in room City Center 101at the Saratoga Hilton Hotel during the Spring Delegate Assembly. Curry welcomed everyone and distributed copies of the agenda. Curry asked all attendees to sign the attendance form which he circulated,and also to indicate the number of years retired if they were retirees. Curry explained that member Patty Bentley would be attending via telephone and identified task force members in attendance for her. Curry also identified Jeanne Galbraith as scribe for this meeting.

Attendance, Task Force Members: Patricia W.Bentley (Plattsburgh),Chair David G. Curry (Plattsburgh),Clifford D.DaVis (Cobleskill), Edward Drummond (Stony Brook HSC),James D. Engle (Morrisville),Jeanne L. Galbraith (Stony Brook HSC),Barbara T.Maertz (Farmingdale), Charles F. McAteer (Stony Brook),Jeriluanne O'Bryan-Losee (Morrisville), Robert J. Reganse (Farmingdale),D.Jo Schaffer (Cortland). Absent: (due to illness) Robert L. Pompi (Binghamton)

Visitors: John R.Driscoll (Cortland),Cynthia E. Fuller (Oswego),Lawrence A. Fuller (Oswego), Alvin Magid (Albany),John A. Richert (Buffalo HSC),Eric P. Russell (Downstate),and Patricia D. Strempel (Upstate Medical University)

2. Acreptance of the agenda

MOTION

Jeanne Galbraith moved adoption of the agenda as presented by David Curry. The motion was seconded by Patty Bentley and adopted.

3. President Kowal's remarks

Chair David Curry said he would suspend the agenda in order to allow UUP President Fred Kowal to speak first.

President Kowal thanked members for agreeing to be part of the Task Force on Retirees. Kowal said it has been a long term question for UUP about how to bring retirees into the union's structure while remaining cognizant of the legal and contractual limits on their participation. He said he put together this group by including those who have been engaged for a number of years and said it was intentional to have this group slightly removed from RELAG (Retirees Legislative Action Group) and COARM (Committee on Active Retiree Members) to examine the structure. Kowal said he thought it imperative to have at least one pre-retiree,Jeri O'Bryan- losee (Executive Board member),as part of the group.

Page 13: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Retiree Task Force minutes 5/14/16 Page 2

President Kowal asked the members to brainstorm, to see how other unions relate to their retirees,and to make recommendations. He asked that the Task Force look back and understand how UUP arrived at its current structure for retirees of a Retired Delegate,COARM, and RELAG. Kowal asked how UUP could enhance the voice of retirees while protecting the union,giving as an example the potential election of a retiree as President of UUP which is not constitutionally prohibited, who would be required to negotiate a contract while not a member of the bargaining unit.

Kowal said the Task Force may well say the current structure is the best one, but may make proposals for improvement,or aid in cleaning up the constitution. He said the Executive Board would be looking at the union's committee structure. President Kowal departed after making his remarks.

4. Charge to the Task Force

David Curry indicated that the charge to the Task Force is printed on the agenda:

"The Task Force is charged with looking at several issues on the role retirees play in UUP. The issues range from finances to representation,but are not limited in any way. The group should be prepared to meet at the Spring DA,electronically during the summer months and then make a report to the Executive Board during the Fall Delegate Assembly if work is completed. At latest, the committee should be prepared to report at the Winter 2017 DA."

5. Brainstorm issues

David Curry asked that we brainstorm for a few minutes without debating the issues mentioned. Curry said he would prefer to give the opportunity to comment first to Task Force members and then later to visitors.

a. Curry gave as an example that many retirees choose not to run for the Executive Board

at the point they are planning to retire, as he did, but there is no constitutional provision against retirees on the statewide Executive Board.

b. Barbara Maertz said she would change the language to "run for" rather than "be elected

to" the Executive Board, but to keep the Retired Delegate seat as a representative of retirees on the Executive Board.

c. Jo Schaffer stated that the Retired Delegate seat is the only board seat elected

statewide rather than by the Delegate Assembly. Schaffer said there is a crucial issue of retiree representation in the Delegate Assembly.

d. Patty Bentley said she agree with Maertz that retirees shouldn't run for the Executive

Board but felt it was OK for a person who retired in mid-term to continue service until the end of the elected term of office. Bentley said retirees are active in affiliates as well. She said the Retired Delegate should have a vote on the statewide Executive Board. Bentley also suggested looking at the cost and effect of statewide COARM elections, with the difficulty for candidates of contacting the more than 4,00 retirees, and look at

Page 14: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Retiree Task Force minutes 5/14/16 Page 3

the election of the Retired Delegate at the Delegate Assembly consistent with the election of other board members.

e. Bob Reganse said he thought we were putting the cart before the horse unless we

answered the real question of which was the cause and what was the effect of retiree activism: are retirees "standing in the way" of younger members or "filling the gap"?

f. Charlie McAteer said COARM has a proposal to submit a constitutional amendment to

create an Officer for Retirees position at each chapter and he distributed copies of the proposed amendment. McAteer said this "no cost" proposal would provide an opportunity for a leadership role and provide a "point person" for retirees in the chapter who can also be a liaison with the regional retiree representative on COARM. McAteer said there is a timing issue with this proposal as it would need to be adopted by the 2016 Fall Delegate Assembly in order to be implemented in the next round of chapter elections.Jeanne Galbraith pointed out that a constitutional amendment must be put forward by a chapter or the Executive Board;Jo Schaffer said she was told she had "no standing" to bring the proposed constitutionalamendment to the Executive Board. Curry said a chapter was needed to sponsor the proposed amendment. Schaffer said the proposal would have a greater imprimatur if the Task Force endorsed it.

g. Jim Engle said we should look at the role of retirees vis-a-vis the Executive Board. He

said there were more and more retirees in the Delegate Assembly each year and small chapters like Morrisville have difficulty filling delegate slots without retirees.

h. Ed Drummond said,as a former chapter president,that there could be a problem if

every retiree problem goes to a designated chapter officer other than the Chapter President, who would be abdicating responsibility for which s/he receives release time. Drummond said there was "kickback" from younger members who could not serve as delegates.

i. David Curry asked that there be no debate during the brainstorming session. He said

while there is only one Retired Delegate the attendance records show approximately 59 retirees are seated at a Delegate Assembly which amounts to about 20% of attendees.

j. Jo Schaffer said retirees also served as delegates to affiliate conventions and could

constitute about 30% of affiliate delegates. Schaffer said it was an expensive proposition to fund affiliate delegates. She asked,should we fund retiree delegates or limit the number of delegates who can be retirees? Schaffer said she felt retirees were not "standing in the way" but younger members needed to be activated which would naturally reduce the number of retirees elected to serve as affiliate delegates.

k. Ed Drummond said that younger members do not feel protected until they receive

permanent appointment or tenure and so are less willing to stand for election.

I. Charlie McAteer pointed out there is a retiree component to NYSUT and AFT affiliate conventions. Patty Bentley said that was a good point and she would like to have discussion about the relationship of retirees to active members and about Retiree Coundls. Jeanne Galbraith noted that UUP retirees had rejected the idea of forming

Page 15: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Retiree Task Force minutes 5/14/16 Page4

Retiree Councils and that decision causes a disjunction with the retirees of other unions. Jo Schaffer said she would have more to say when that issue comes up for discussion.

m. Jeanne Galbraith said while there may be no apparent additional cost to elect a Chapter

Officer for Retirees as long as the position was included in regular chapter elections, there is a cost to retiree participation,including the proposed Chapter Officer for Retirees, where chapters provide such things as lunch at chapter board meetings or T- shirts.

n. Jim Engle said the Strategic Planning Task Force looked at the cost of retiree delegates

In other states.

o. Patty Bentley said that COARM is self-funded by dues and provides funds to RELAG,for insurance,and other retiree functions. She said there could be a drain on either retiree or UUP funds if retirees fill additional roles. Bentley said a request must be submitted to COARM for RELAG funds.

p. David Curry said there is a problem asking out-of-state retirees to advocate in New York

when they are no longer constituents of the legislators.

q. Barbara Maertz said some issues would be resolved by the proposal to have a retiree officer at each chapter. She said out-of-state retirees were not likely to be elected at the chapter level. Maertz said the work of COARM to activate people at the chapter level is a lot of work for the regional COARM representatives.

r. Jo Schaffer offered to give Curry a copy of the COARM budget. She said the annual

dues of $45 fund meeting attendance,insurance,and the cost of COARM elections.

s. Bob Reganse said it was important that out-of-staters have been elected as delegates. He said he didn't want to override the democratic principles that allowed chapters to choose whom to elect.

t. Jo Schaffer said if there are cohorts of retirees in other states, we should make it part of

our task to activate retirees in their current states. David Curry said he had received some numbers and that the largest number of retirees in one state (outside of New York) is Florida with about 300 UUP retirees, then 98 in North Carolina coming in second place;there are 3,751UUP retirees In New York. Jo Schaffer said those numbers did not include "snowbirds" and Curry acknowledged that is true.

u. Clifford DaVis said he felt a retiree on a chapter Executive Board could provide a vital

service in small chapters. He said the Chapter Officer for Retirees would be happy to have meaningful involvement with the chapter.

v. Bob Reganse said the point of the question is the number of retirees involved and again

we need to look at cause and effect. David Curry said the answer may be both, depending on the size of the chapter.

Page 16: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Retiree Task Force minutes 5/14/16 Page 5

w. Charlie McAteer said the retirees at Stony Brook use their time to reduce the amount of

time active members have to spend,for example,to do a preview of applications to funding programs to assure the files are complete before the board reviews them.

x. Patty Bentley said she agrees with activating retirees as there is a national agenda for

retirees. She asked,how do we activate the potential and get volunteers,especially for RELAG? Bentley said we should look at the relationship of RELAG to Outreach.

6. Data needed to move forward

David Curry asked what data needs do we have to move forward or who might have data we need. He said COARM Chair Jo Schaffer has some numbers. Curry said he had received some data from UUP staff member Khalil Nehme who is responsible for membership records, including a list of retirees and a sort by zip code.

Jo Schaffer said there have been two official task forces as well as one unofficial one,and a white paper on retirees prior to the formation of this group. She said the materials created by these entities preceded word-processing so it might be cumbersome to reproduce them for distribution. Curry said they could be scanned and sent formatted as pdf files.

Charlie McAteer said former COARM Chair Judy Wishnia from Stony Brook has minutes of previous COARM retreats which discussed the role of retirees.

David Curry volunteered to review and distill documents for the members of the Task Force rather then distribute a large volume of documents. He asked if that was acceptable to the group and there was consensus for him to do as he suggested.

Jim Engle said he would like to see where the retired delegates are coming from,to determine if our assumption that small chapters need to rely on them is accurate.

Jo Schaffer asked if the reimbursement policy to fund the cost of a retiree's meeting attendance as the cost to and from the chapter rather than to and from the current home of the retiree was still in place. Jim Engle said retirees have traveled on UUP reimbursement. Jeanne Galbraith said there have been cases where interstate travel was less expensive than intrastate travel when it came to the cost of airline travel.

Charlie McActeer suggested we look into the policy of our affiliates and that of other unions such as PEF (Public Employees Federation), where he had been a member. Curry agreed we should expand our search for data. Jo Schaffer said there is another former PEF member in COARM who may be able to provide information and she would give Curry contact information.

Jo Schaffer said the Alliance for Retired Americans (AFL-00) should be contacted and she would give Curry the name of a contact person. Schaffer said SUNY Administration gets the name of every retiree. She suggested UUP Membership Development Officer Tom Hoey should get the names of retirees for COARM which could then send them a retiree packet.

Schaffer said COARM pays for a controlled email list of about 4,900 people, which is available for use.

Page 17: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Retiree Task Force minutes 5/14/16 Page 6

7. How to meet electronically over summer

David Curry said he would work out what would be the best technology for continuing the meetings of the Task Force over the summer. He suggested Facetime and Eric Russell said Skype is available in Windows versions 7, 8,and 10. Curry asked is anyone had used Doodle Poll and Jeanne Galbraith said she had used Survey Monkey.

Jo Schaffer suggested Curry should get a budget for the committee.

Barbara Maertz suggested the 4 members from Long Island could get together in one place to meet electronically with the rest of the Task Force.

Curry said he would send out a survey to poll everyone about the best meeting times. He thanked everyone for attending and agreeing to serve on the Task Force.

8. Other matters

David Curry asked if any of the visitors attending the Task Force meeting wanted to raise any additional points, but there were none. Curry said the visitors should feel free to contact him or other members of the Task Force.

Clifford DaVis asked if Curry could provide 2 alternatives for meeting times in the event that the entire Task Force could not participate at the same time. Curry said that could be possible.

Curry said he would get the paper documents and distribute them or summaries of them.

9. Adjournment

MOTION

Ed Drummond moved to adjourn the meeting of the Task Force on Retirees. The motion was seconded and adopted.

David Curry adjourned the meeting of the Task Force on Retirees at 11:53 a.m.

Respectfully submitted,

Jeanne L. Galbraith, secretary pro tem

Materials circulated at the meeting: 1. Task Force on Retirees, Initial meeting-May 13, 2016 [agenda] 2. Attendance list 3. 1/31/16 Proposed Constitutional Amendment Submitted by COARM 4. COARM Budget for 2016-2017

Page 18: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX II

Task Force on Retirees

Minutes of conference call May 31,2016

Meeting called to order at lO:OSam.

Verbal attendance was taken and confirmed all members present

1. Should UUP retiree members be allowed by the Constitution to serve as officers or executive

board members?

Much discussion ensued. The COARM chairperson is the officialretiree representative to the

Executive Board but has no vote. That being true,it seems illogical that any other retiree would

be elected to office and have a vote. The dissenting opinion was that since the Constitution

allows retirees,if delegates,to run for office,the Delegate Assembly should have the option to

elect anyone who legitimately runs. In summary,the vote was 11-1that retirees should not

serve as statewide officers or Executive Board members.

Discussion followed as to how to proceed. It was noted that in the materials distributed to the

Task Force that Fredonia had submitted a constitutional amendment years ago that appeared to

prohibit retirees from running for statewide office. However,the text of the amendment was

not included in the documents. The chair told the Task Force he would obtain the entire

document and share with the Task Force. In addition,the chair told the Task Force he would get

a legalopinion regarding whether there were any legalissues either for or against a retiree

being elected to statewide office or the Executive Board.

Pending these additional items,it is hard to determine how to proceed. Once additional

information is available,discussion regarding Task Force recommendations will be scheduled.

2. Do we support the addition of an Officer for Retirees at the chapter level? Discussion of

Charlie's constitutional amendment ensued. The amendment has the support of COARM

already and has previously been sent to the Executive Board for consideration where it was

ruled out of order as not coming from a chapter. Discussion focused on the two-year election

cycle which begins this Winter. If this amendment isn't presented to the Fall DA,the new

chapter office won't be up for election this cycle. The Task Force generally supports the creation

of a chapter officer for retirees,but given we won't have a finalreport,or even an interim

report,for severalmonths,we are not in a position to propose the amendment at this time. The

Task Force recommends Charlie work to get chapters to put forward this amendment for the

next DA. The vote was 10-0 to support Charlie moving forward.

3. The next meeting of this Task Force will be scheduled using another Doodle poll. Information

will be shared with the Task Force as it becomes available. Meeting adjourned at 11:10am.

Submitted by David Curry

Page 19: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX III

Task Force on Retirees

Minutes of Conference Call Thursday July 14,2016

Group called to order at 10:35am.

Members present: J. Galbraith, C. McAteer, J. Schaffer, P. Bentley, D. Curry, C. DaVis, R. Reganse, B. Maertz, J. Engle

1. Review and approve attached minutes from first phone call. Minutes amended to note group voted to support C. McAteer seeking chapter sponsorship for his constitutional amendment to add an Officer for Retirees at each chapter 10-0-1. Minutes approved as amended.

2. Information received from UUP advisor to the President - bottom line, the only limits on who can run for union office are found in the constitution or bylaws. Neither the State nor Federal government have any interest in the internal workings of a union. Much discussion followed. The Task Force agreed that any limit on retirees running for office should be limited to statewide offices. J. Galbraith noted that E&C considers any position for which someone is elected is an "office", thus delegates are considered "officeholders". Further, C. McAteer noted other unions allow Regular members to finish out terms if they retire while in office. B. Maertz mentioned we must differentiate between statewide and chapter offices. After much discussion, it was agreed the chair would craft a draft constitutional amendment to limit retirees from running for statewide office.

3. Fredonia amendment- found on page 8 of the attached DA minutes, Fall, 1996. This amendment had three parts, the first of which was to limit retirees from running for statewide officer positions. After the amendment was examined by a previous Retiree Task Force, it was voted down by the Delegate Assembly. This was 20 years ago...

4. Further discussion of role of retirees in chapters- information presented by Eileen Landy that according to the constitution, chapters can appoint an officer for retirees right now. J. Schaffer noted that chapters are not dependable in enforcing requests so an amendment is a more uniform course of action. C. McAteer has gotten several chapters to sponsor his amendment. The chair emphasized that this amendment is not sponsored by our Task Force and should not be promoted as such. We did vote support for the amendment to move forward through chapters.

J. Schaffer noted that retirees can help build chapters and "active membership". P. Bentley mentioned the CAP program is aimed at developing members.

R. Reganse asked how the number of retirees participating at DA's can be decreased. Retirees are over-represented at DA's, but limiting their participation was resigning them/us to 'second class' status. Given retirees don't pay significant dues, our status is different. J. Galbraith noted there is an ethical issue with retirees spending regular members' money for travel and lodging for Delegate Assemblies since they don't pay commensurate dues.

Page 20: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

D. Curry noted a retiree chapter would limit retiree participation at DAs as the chapter would send delegates at the same ratio as other chapters. J. Schaffer noted that this idea has been floated several times before and rejected.

P. Bentley stated COARM chair should have a vote on the statewide Executive Board. This idea was generally supported by other voices but no vote was taken - more research needed.

D. Curry noted there are a number of issues regarding COARM we can discuss. Currently COARM is a very small number of people to represent 5000 retirees. Also, we need to explore the role of UUP retirees on NYSUT retiree council.

5. Next meeting? We will have another conference call in early August. A Doodle poll will be sent. A face-to-face meeting would be nice, but only 4 of the 9 of us on this call will be at the Outreach meeting August 6 and 7.

Submitted by D. Curry 7/25/16

Page 21: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX IV

Task Force on Retirees

Conference call minutes,August 4,2016

1. Group called to order at 2:30pm.

Members present:E.Drummond,J.Schaffer,C.McAteer, B. Maertz,R.Reganse,J. Engle,J.

Galbraith,J.O'Bryan Losee, D.Curry

2. Minutes of July 14 conference call reviewed. The spelling of J. Schaffer's name was corrected

and minutes were approved. Motion to approve, E.Drummond;second B.Maertz.

3. Discussion of how to attain proportional representation of retirees at delegate assemblies.

C.McAteer reported his findings from the Spring, 2016 DA. If retirees were delegates seats at

the DA in proportion to their numbers at campuses,there would be 80 retiree delegates, or

15.5% of the total delegate count. We are roughly 5000 of the approximately 36,000 members.

J. Galbraith feels retirees should not participate in DAs-period. They/we should be in our own

group. J.Schaffer strongly disagreed stating retirees feel a linkage to their campuses.

J. Engle stated DAis representative body and without retirees,some chapters wouldn't have full

representation. B. Maertz added some chapters wouldn't have full executive boards without

retirees. D.Curry likened this to retirees doing 'out of title work'. J.Galbraith said these

retirees on chapter boards keep active members from being developed.

J. Schaffer stated CAP not yet developing active members. B.Maertz stated perhaps retirees

shouldn't be chapter president or vice president. C.McAteer stated officer for contingents was

created to meet a need for representation,as would officer for retirees.

4. Ethicalissue- retirees spending active members' dues money to attend DA.

R.Reganse reiterated his concern that limiting participation of retirees is diminishing their

'rights'. J. Galbraith stated we are not active members,therefore,don't have same rights.

J. Schaffer stated we (task force) need more data. D.Curry will ask R. Blackmun-Stroud.

E. Drummond states many retirees participate in UUP for the benefits.

D. Curry asked what happens when retirees becomethe totalmembership? This could

happen as more members retire and if UUP lost the hospitals.

J. Galbraith asked what if retiree spending was considered agency fee rebatable? R.Reganse

feels equating money with rights is a red herring. E.Drummond supports J. Galbraith.

D.Curry asks if we/retirees should be a chapter or council?

J.Schaffer reported retirees have rejected that idea. D.Curry asked what percentage of retirees

is appropriate representation in the future?

R.Reganse stated he saw three answers to that- no limit on retirees;a fixed

number/percentage of retirees;or,no retirees.

C. McAteer reiterated the need for more data at chapter level. R.Reganse said retirees not

listed as academic or professional,but if possible,he suggested each chapter have two retiree

representatives-one academic and one professional.

J. Schaffer reiterates we need more data. B.Maertz states we should hold discussion pending

Page 22: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

more data. J.Schaffer contingents pay $50 while retirees pay $45 in dues. J. Galbraith and E.

Drummond both note that contingents are employees.

5. Other issues- B.Maertz states retiree representative on statewide Executive Board should have

a vote. J. Galbraith disagrees.

J.Schaffer reports retirees can't access negotiations bulletin because they don't have an

employee ID number. D.Curry said she should take this directly to F.Kowal.

Next meeting will be arranged for a conference call with a physicalmeeting at the next DA. D.

Curry will ask E.Landy for a time at the DA. The hour when Chapter Presidents meet would

work for all of us. A Doodle poll will be sent for the next conference call.

6. Meeting adjourned at approximately 4pm

Submitted by D.Curry 8/21/16

Page 23: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIXV

Task Force on Retirees- Conference Call Minutes September 2, 2016 10:00-11:30am

Group convened by telephone at 1Oam. Present were B. Maertz, J. Galbraith, E. Drummond, C. McAteer, R. Reganse, C. DaVis, D. Curry, P. Bentley, J. Engle

1. Minutes of August 4 teleconference reviewed. Motion to accept by E.D., second by

C.A.; approved. 2. Legal opinion from E. Hough regarding use of member dues to fund attendance of

retirees at Delegate Assemblies was reviewed. She sees no problem as the retirees are

properly elected Delegates of the various chapters in keeping with the Constitution. There were no questions and little discussion of her opinion.

3. Regarding the cost of retirees attending DAs, the spreadsheet received from UUP was

reviewed and given the opinion in item 2, the consensus was there is no reason to drill deeper into the data. Specifically, it was stated we should not chase dollars in our

deliberations on the role of retirees in UUP. 4. Major item for this call - how can we get retiree participation to mirror our actual

numbers in the union which is currently -15%?

C.M. had sent out his data on assigning retiree delegates based on their percentage per chapter. Using his proposal which included a minimum of one retiree delegate per chapter, there would be 80 retiree delegates in total. His proposal would increase the total number of delegates to 523 from the current 514. B.M. noted there are a number of small chapters - several would be unchanged in number of delegates, though 5 would gain a delegate and 2 would actually lose a delegate. D.C. asked if we generally support the idea of setting a limit on retirees as delegates? P.B said yes, if we can present a solid rationale. R.R. opposed tying retiree numbers to a percentage of membership, but agreed some limit must be found. He reiterated the need small chapters have in finding active members to fill chapter boards and slates of delegates without retirees. C.A. supports tying participation to a percentage. A point-counterpoint discussion

followed. E.D. reframed the issue in terms of how much participation retirees should have? J.G. stated retirees should not be involved in issues related to terms and conditions. There was general agreement.

D.C. asked again should we consider a retiree chapter? This would provide a clear firewall allowing retiree participation as a percentage of membership while enabling separation for issues related to terms and conditions. C.A. stated this issue was soundly defeated when proposed previously, so we should not

reconsider now. He proposed changing the ratio of retirees/delegate to 100/1 instead of

75/1. P.B. stated she is concerned that 20% of the votes electing statewide officers are retirees

Page 24: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

(based on attendance numbers at last 3 DA's). She felt that was a solid rationale to reconsider a retiree chapter. A two-part solution might be the chapter officer for retirees combined with a retiree council (differing from a chapter). A retiree council was proposed years ago but was never acted on. J.G. noted the difference between representation and participation. Retirees can participate in the union in many ways, but what is the proper proportion of representation?

B.M. noted that "Father Time" will end the participation of all retirees eventually. This will probably keep the actual percentage of retirees from increasing dramatically. She added she felt retiree chapter was defeated because retirees have identity with home chapter and not with retirees in general. (editorial comment- 20% of the voters defeating the retiree chapter amendment might have been retirees!) She further noted that retirees do more advocacy. D.C. noted that can be a mixed blessing as some retirees are not up to speed on the advocacy issues they speak to...

R.R. redirected conversation noting most ofus agree the number of retirees at DA's is too large, so how to reduce? D.C. noted R.R. had previously proposed 2/chapter -1 each for academics and professionals. J.G. noted this would be extremely difficult for Elections and Credentials to implement. C.A. proposed using 100:1 ratio which would limit retirees to approximately 63 delegates.

P.B. noted that while reducing actual numbers, this still leaves retirees active in voting on statewide officers and terms and conditions. She noted the restructuring of committees about to be presented at upcoming DA. And further, asked about role of COARM and representation for those not connected to a campus? Finally, she noted the lack of retiree

participation in NYSUT because of no retiree council/chapter.

B.M. suggested 2 choice - limit retirees by % or by fixed number. D.C. suggested limit by retiree chapter or council. C.A. suggested investigating a COARM council. As time was running out, two work groups were assigned: B.M., C.A. and R.R. will work on how COARM can be involved in our considerations; and P.B., J.G., and D.C. will work on the council/chapter option.

5. Next meeting will be held at the upcoming Delegate Assembly on Friday morning during the Chapter President's meeting.

Meeting was adjourned with thanks to all for excellent work under challenging conditions - phone meetings during the Summer.

Submitted by D. Curry, September 23, 2016

Page 25: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX VI

UUP Retiree Task Force Meeting September 30, 2016

MINUTES

At the Fall Delegate Assembly,Desmond Hotel

The meeting convened at 9:03 am, with all members present, plus several observer/guests.

Curry noted that we had a "loose" agenda. The Task Force charge expires with the Winter DA 2017 and that we are supposed to have a report ready for that DA. It would appear that might not happen.We are one of only two remaining adhoc groups with the summer reorganization and consolidation of committees. Review:

1. Constitutional amendment to exclude retirees from running for statewide office,except as Chair of CoARM.

2. Research of demographics a. As of 10/1/16: 5032 members (15.5% of total UUP membership) b. At or within DA's, Retirees are 23-24% of Delegates c. We are agreed to finding a way to rationalize/equalize those

numbers We agreed,repeatedly, that UUP needs to get active members more involved in chapter and statewide leadership. The preponderance of retirees at the Delegate level for state and NATIONAL meetings is not a function of retirees keeping active members out but of active members not stepping up.

Charlie McAteer, Barbara Mertz and Bob Reganse presented their (disparate) reports on achieving equity in representation:

1. Reganse Proposal:To have smaller chapters (10 or fewer delegate) elected up to 2 retirees, I A, 1 P. For chapter of 11-20:3 retirees, with the third delegate from the largest category of that chapter (A or P) and for chapters with more than 21 delegates, up to 4 retirees, 2 from each category. Candidates would be identified on ballots by "RA" or "RP". This would require a constitutional change and limits the number of retiree delegates. • It was not known how many potential delegates would result from this

plan. Discussion: Schaffer: Elections are important to the retirees. The Retiree Chapter idea was defeated in 1998 by 85% Reganse: No targets. Have to be careful about "targets"

2. Maertz and McAteer Proposal: Using the new chart prepared by Charlie using the Spring DA Delegate Certification Report would result in 86 retiree delegates (of 514 total). This is a new calculation with no new or any reduction in the number of Retiree Delegates.

Page 26: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Discussion:Maertz: there are 5 chapters that have more than 5 retiree delegates McAteer: no changes in current distribution. To run as a delegate, based on retiree membership. 86 Delegates is arrived at by 1 Delegate per 100 retiree members in a chapter I (Active ratio is 75:1) Mertz: we would need a mediator for chapters with more nominees than "allocated" Curry and Galbraith: Article 8 of the UUP Constitution would have to be amended to change the ratio and put an identifier with retiree candidates. This is workable but the Elections and Credentials committee wants to avoid special elections. Schaffer:Reminds us that all persons retiring while holding an office would finish out their terms and THEN run as retiree candidates. Maertz: Boomers are not as active (yet). And we have natural attrition of retiree members by death. Once again: We need to encourage that active members get more involved and get more active members participating in chapter and state activities.

There was neither vote nor consensus on these two proposals. Curry introduced the three historical documents related to retirees that had been sent to members of the Task Force. 1996: Jack Ether (Chair, Retiree Review Committee) with attached Fredonia Proposed amendment from the Fall 1996 DA; the 1998 Proposed Constitutional Amendment for Establish a Retiree Chapter and the 2007 NYSUT-UUP Retiree Council #40,41 and 42 (Quinn). Despite much discussion and "analysis", there was no agreement on the efficacy or usefulness of these offerings,short of recognition that this issue has been the object of review several times.

Curry: Sees himself as a union member representing the best interests of the union, not just his chapter. General agreement. Concepts in these previous docs include the Retiree Chapter and the Retiree Council (for NYSUT). They are two different concepts. Considerable discussion on the idea of the affiliated retiree council ensued: Schaffer: discussed with Patrick Lyons and the UUP MOO and Secretary. CoARM's Bylaws were created in consultation with NYSUT Bentley: NYUST says,after the last election, (fraught with missteps for ballots) they realized that UUP retiree elections and the collateral election to NYSUT's Higher Education ED were not in compliance with Landrum- Griffith and therefore they could no longer run elections for the 9 dedicated seats on the NYUST Retiree Council. We should explore a formal relationship with NYSUT, AFT, NEA.

***We agreed this should be on the next agenda****

Reganse (and others): Raised the issue of the 1000+ members who live permanently out of state and have no affiliation with their former chapter

Page 27: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

(We discussed ways to involve these members through CoARM but came to no conclusion.) Reganse:Retiree chapter would be artificial and creating one would require massive constitutional revisions. Setting one up would require massive constitutional changes. Schaffer: Now over 5000 retiree members. Financing a separate, freestanding council would be too expensive. CoARM budget couldn't support the cost of retiree delegates, meetings and benefits. A Chapter would set up a "gulag", would be isolating for those near their chapters and too large to manage. lnventash: Even though he lives in Florida full time, he wants and manages to maintain connections to his home campus/chapter. McAteer:Melding retirees with chapters is highly desirable. There is only one statewide chapter: Empire Sate. Engel: Recalled the big defeat of the '98 Resolution. Problems were cost of running a chapter;dues;retirees felt they were being purged. Suggested that the issue of chapter and/or Council be deferred to another time. ALL: Great potential for using the Retiree Office at each chapter to be better networked with the CoARM Regional Coordinators and to serve as liaisons for Advocacy to and through Outreach. Schaffer: Requests a straw vote about the pending constitutional amendment for the retiree Officer at each chapter. Unanimous support; (Happily it passed handily the next day!!) Guest: Recognizes the benefits of Retiree membership and wants representation.

Laboriously and dutifully submitted, albeit at he eleventh hour,

Patricia Bentley November 21, 2017

Page 28: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX VII

Task Force on Retirees

Minutes of conference call

October 28, 2016

1. Call to order at 10:04am

2. Members present: P. Bentley, D. Curry, C. DaVis, E. Drummond, J. Engle, C. McAteer, R.

Reganse,J.Schaffer

3. Minutes of meeting at Delegate Assembly not yet available- hopefully this weekend

Minutes of September 2 conference call have been corrected.

4. Job description for Chapter Officer for Retirees-C. M. emailed us wording for chapter

bylaws that describe in brief the expectations of the Retiree Officer (see attached). His

proposed wording is not yet included in the Stony Brook bylaws.

J.S. reported that the Statewide Executive Board would like to see options for such a job

description. To that end, J.S. is requesting sample language be sent to her by December

1so she can present at the December E-board meeting.

While it would be ideal to have this job description before the upcoming election so

candidates for this new position would know the expectations, unlikely it will be. R.R.

and J.S. noted that Farmingdale and Cortland both have had appointed retiree

representatives on their campus executive boards for at least 25 years.

J.E. noted that no chapter officers have a job description that comes from the statewide

executive board -this would be a first.

5. Relationship of Officers for Retirees to COARM-As C.M. has said, this officer is the

"missing link" between retirees at the chapter level and COARM. The seven regional

representatives are hard-pressed to reach out to all retirees.

That said, it was felt to be premature to discuss details of that relationship since the first

class of Officers for Retirees is yet to be nominated or elected. While there might be an

expectation of their attending Delegate Assemblies, there will be many issues related to

their education as well as their reimbursement for such attendance if they are not

delegates.

a. P.B. brought up COARM retreats and the attendance of these Officers at them.

b. J.S. said perhaps one-day regional retreats would be created instead of the large

multi-day retreats-the last one costing approximately $15,000- and held

annually.

6. Limiting the number of retirees at Delegate Assemblies- The goal of this discussion is

to bring the representation of retirees in line with our/their actual numbers/percentage.

It is not meant to diminish the value of retirees to UUP or to their chapters.

B.M. sent out the two proposals prepared by her subcommittee-one from C.M. which

would limit the number of retirees from a chapter by changing the ratio from 75 votes

Page 29: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

per delegate for active members to 100 per retiree delegate. The other from R.R. would

achieve the desired percentage by limiting the number of retiree delegates per chapter.

Both proposals are attached.

J.E.suggested both proposals be included in our finalreport. C.M. concurred adding

that perhaps they could be combined somehow,but that statewide Executive Board

must decide how to proceed.

J.S. wanted it made clear that while we are working to bring the number of retirees as

delegates in line with our proportion of membership, we are not proposing any such

limit on participation in affiliate organizations. All Task Force members on the call

agreed.

7. Other issues related to retirees-J.S. wondered whether COARM paying some portion of

retiree expenses at DAs would alleviate some concerns over their participation. R.R.

stated he didn't think the money spent on retirees was the real issue. When Jeanne

brought up the expense issue it was in the context of whether there were legalissues of

spending active members' dues money on retirees. The opinion from UUP assistant to

the President,Elizabeth Hough,was that was a non-issue. Chapters have the right to

elect whomever they wish as delegates and funding their participation at DAs was a

legitimate expense.

J.S. added that the statewide E-board was examining the issue of out-of-state retirees

attending Delegate Assemblies if only a committee member and not a delegate. Task

Force members agreed it is the prerogative of the E-board to make committee

appointments as they see fit.

8. What are we missing?-with 2 more conference calls planned before the finalreport is

submitted,what,if anything,are we overlooking for consideration? No items were

presented,but Task Force members have several weeks to ponder this and get back to

me.

J.S. wanted the finalreport to reflect our sentiment that chapters have the right to elect

who they choose.

C.M. reminded us that active retirees carry the institutional memory of the union and

we should include these two thoughts in the preamble of the final report.

9. C.M. reminded us more retirees are in the pipeline as he saw at a pre-retirement

meeting earlier this week. J.S. reminded us COARM pays approximately 75% of Walter

Apple's salary.

10.Final thought --VOTE! Motion to adjourn at lO:SSam.

Submitted by D.Curry

Page 30: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX VIII

Task Force on Retirees Minutes of Conference Call

November 22, 2016

1. Meeting called to order at 10:33am. 2. Members present: J. O'Bryan-Losee, C. McAteer, J. Engle, P. Bentley, J. Galbraith, C.

DaVis, B. Maertz, D. Curry 3. Minutes of 10-28-16 meeting: Attachment from C. McAteer re. Officer for Retiree duties

not attached -this will be addressed during current meeting. Otherwise, minutes accepted.

4. Officer for Retirees duties:C. M. submitted the following to Stony Brook for inclusion in the chapter bylaws -"The Officer for Retirees shall be responsible for monitoring the concerns of Retired Members and shall report to the Chapter, the Executive Board, the Chapter President and the statewide COARM structure, as appropriate, and make recommendations to the Executive Board and the COARM. The Officer for Retirees shall serve as the Active Retired Representative." No action is expected before Spring. C.D asked how detailed chapter bylaws are regarding officer duties? C.M stated he modeled his wording on the Officer for Contingents position with addition of reference to COARM. C.D. felt it should be kept simple since several chapters already have a retiree position on their board. P.B. stated a resource on the COARM website would be helpful. D.C. mentioned there is no job description for other chapter officers in UUP Constitution. Also, once the election of the first cohort of Officers for Retirees is held next Spring, should we propose a Council of Officers for Retirees? B.M. and C.M. suggested there should be some form of relationship between Regional COARM representatives and the Retiree Officers. P.B. suggested there could be a 'retreat' or 'summit' of Retiree Officers every 2 or 3 years. J.G. noted there will be new duties for regional COARM representatives resulting from the newly-created chapter Officer for Retirees.

5. Retiree representative on Negotiations Committee: P.B. was only retiree in attendance at the Negotiations Ad Hoc Advisory Committee meeting last Winter. She was there representing RELAG, which no longer exists. This meeting is different than the Negotiations Committee. She proposed that the chair of COARM and two other retiree members be appointed to the Negotiations Committee. Much discussion ensued about the role of the Negotiations Committee and whether retirees should participate. P.B. stated a resolution was submitted last Spring for retiree participation on Negotiations Committee which was ruled out of order since COARM and RELAG are not 'chapters' and thus cannot submit a resolution to the Executive Board. We will obtain a copy.

6. COARM chair having vote on Executive Board: B.M. states when COARM chair brings up issues, slhe is ruled out of order as non-voting member. J.G. restated COARM is not a "chapter". P.B. supports a vote for COARM chair - 1 in 17 so not likely to swing

Page 31: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

a vote -and proposed the COARM chair election be moved to the DA like other Executive Board members legitimizing a vote for the COARM chair. This would also solve the problem of unwieldy votes with large numbers of candidates. J.G. noted this would make the number on the board an even number. D.C. mentioned in his 6 years on the board, there was never even close to a tie vote, so this is likely a non-issue.

Proposal that COARM chair election be moved to DA with chair becoming voting member of Executive Board approved and will be submitted as a recommendation. Approved unanimously.

7. Change the name of COARM? - Much discussion about confusion created by both the

committee name, Committee of Active Retired Member, and the acronym. P.B. recommended the name be changed to "Retiree Committee". J.G. noted that COARM only represents "active" retired members - not all retirees. This is an important distinction. D.C. mentioned approximately 1000 active retirees live out of state. P.B. suggested there be one presidential appointment to COARM for out of state retirees. C.M. suggested this discussion be deferred to COARM for further discussion. The consensus was to do just that.

8. P.B. brought up additional issue - how to qualify for the 9 seats on the NYSUT Retiree Council? Because of the issue around how the retiree elections are held, we don't

comply with Landrum-Griffith. However, it seems there must be a way to meet the requirements and restore our retiree representation in both NYSUT and AFT. Motion made to recommend to UUP that the MOO, COARM chair, UUP

secretary/treasurer and NYSUT representative (and others as required) begin negotiations

to bring us in to compliance with NYSUT constitution and requirements of Landrum-

Griffith. Motion approved unanimously. 9. Meeting adjourned at I 1:53am

Minutes submitted by D. Curry

Page 32: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX IX

Proposed Constitutional Amendment to Establish n Retiree Chapter (Submitted by the Executive Board)

Additions are bolded and underlined: Deletions are [8FBe1teted and liHed thfeag.ft]

ARTICLE III. MEMBERSHIP.Section I. Classes of Membership.a. Regular Membership.i.and ii, lines 20-23 nnd b.Special Membershlp.lines 24-26, 37;c.i. line 44: There shall be the following classes ofmembershlp in United University Professions:

a. Regular Membership: .!: Active membership shllll be open to employees in the Stale University of New York and in such

other higher cducntion units in the State of New York as sboll be detennined by the Delegate Assembly;

ii. Rcctred membership shall be open to anv person who bas retired from active service while an Active member ofUnlled Unlversitv Professions.

b. [Speeial MenmeFShip, eiifler ReliFI!d ar Sasi:BiBiagi &etifl!d Meml!eFS may vete and held-efHee....itHh Retiree Chapter and Affiliate 1enls; Sustainiag membeFS may ꞏ;ate but ma;' net lteld-emee-at-tl Leeal er Amliate le!Jels:

i. Relifed mem'heFShip sJ:tall be epen te llH)' peFSen whe has relired frem aeti'ie seF¥iee while a Regular mem'her at:Uniled Uni•JeFSily PrefessiBRSi}

!: Sustaining membership shall be open to any person who has been retrenched or to llllY person who has been involuntarily terminated and has litigation, grievance, or other, similar proceedings in progress, such membershlp to tenninate upon reinstatement in the: negotiating unit or resolution of such litigation or other proceedings, and to be limited to the period of litigation or a three-year term, whichever is longer. Sustaining members mav vote but may not hold office 11t the Chapter.Locul or Affiliate levels.

c. i. Associate membership shall be open to llllY person not eligible for Regular loHpeejal] .•.

ARTICLE Ill. MEMBERSHIP.Section 2. Categories ofMembershlp.lines 82 -87,adding ..c.:" Membership shall be of [eithef}ill of[ !!!.!!!categories, "academic",[eti "professional" or "retired";

a. "Academic" members shall be those persons who are Active members with academic mnk; b. "Professional" members shall be those persons who are Active members with professional rank. !:. "Retired" members shall be those persons who have retired from adlvc service while Active

members of United University Professions and \Vho pnv unnunl dues in accord once with Sec:Cion 4 b.ii of Article Ill.

ARTICLE ill. MEMBERSHIP.Section 3. General Provisions.a.lines 95 -96:

a. Membership status shall officially begin with the registration by lhe UUP office, either through receipt ofn payroll deduction authorization card or of a letter of application accompanied by a dues payment; membership in good standing shall be maintained through payment of dues and shall officially terminate after a gmce period of sixty days following the due date, except that any Active member who has retired may [Festtme meameFShip, iH retired sla!Us,] become a Retired member at any time;

ARTICLE Ill. MEMBERSHIP. Section 4. Dues, b. i. n. line 113; b. line 120; and ii.lines 127 -135:

b. Annual dues of United University Professions shall be nssessed as follows: i. a. For [R-eg tlar] Ac:tlve members whose salaries are at or above the minimum salary negotiated for the

bargaining unit, one percent of the base annual salary, provided, however, thai such members on leave without pay or temporarily off payroll shall be llSSessed for $25, prorated ns appropriate, plus the equivalent ofafliliatc per-apita dues payments;

b. For [Regular] Active members whose salaries are below the minimum salary negotiated for the bargaining unit, nine-tenths of one percent of the annual snlary, provided, however, that such

members on leave without pay or temporarily off payroll shall be assessed for $25, prorntc:d as appropriate, plus dae equivalent ofaffiliatc per-capita dues payments;

ii. For [die speeial e)II5S eij Retired members, dues shall be calculated prior to each fiscal year, and before adoption of the lliU1ual budget, using the following formula:a bnsic charge figured with reference to actual costs in support of retiree (aetivilies) programs as derived from the most recent complete financinl records, plus an amount for additionalllSSessment for suppon of[retiree-pregFafAS as determifted 8y dif.! Cammittee an Aslive Retired :MeameFShip] the Retiree Chapter, in consultation with its [eeastituener] Exe utlvc Board IUld the Finance Committee;

Page 33: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

ARTICLE IV.OFFICERS.Section 6. Duties of the Membership Development Officer. lines 203-204: The Membership Development Officer shall work to promote membership growth; sh:lll present to the Executive Board recommendations with respect to membership development;sh:lll serve, by virtue of the office, [as a membe1 eFthe Cemmittee en AeiWe Relired MemheFShip ed] as a member of the Membership Committee; and sh:lll perfonn such other membership-related functions as may be directed by the President or the Executive Board.

ARTICLE V.EXECliTIVE BOARD. Section 1. Composition. lines 222 -223, 225, 228: There sh:lll be nn E"ecutive Bonrd consisting of the officers and thirteen additionnl persons elected by and from the body of the Delegate Assembly. In addition, the [Chair efthe Cammiuee en Aelive Relired memhefSbip) President of the RcUree Chapter shall serve as a nonvoting member. Total voting membership on the Executive Board shall reflect the approximate whole-number ratio by the categories of Academic and ProfessionAl membership on the rolls of United University Professions. The Executive Board shall include no fewer than one member from each of the five 1ypcs of Chapters r1mresentine Active members.as defined in Article VII, Section 4, of this Constitution. No more than two members of the entire Executive Board may be from the same Chupter.

ARTICLE V.EXECUTIVE BOARD.Section 2. Terms of Office nnd Election Procedures.a.line 232 and b.line 234:

a. Terms of office of voting members of the Executive Board shall be for two ycnrs and shall be staggered. b. Executive Board voting members shall be elected in accordance with the provisions of Article Vlll, Section 4, Nomination and Election Procedures, of this Constitution.

ARTICLE VI. DELEGATE ASSEMBLY. Section 1. Composition. lines 276 - 277: The Delegate Assembly shall consist of delegates from the Chapters of the organization, members of the Executive Bonrd, and Chairpersons of the Stllnding Committees.[, ed ene delegate eleetedy and lfem die Retired MemheFShip efthe ergaftiaaen.]

ARTICLE VII. CHAPTERS.Section 2. Structure of the Cluapters. b. c.and d.lines 350-368:

b. !: Each Chapter, with the exception of the Retiree Chaoter, shall h:lve, ns officers, a President, a Vice President for Academics, 11 Vice President for Professionals, a Secreliuy and n Treasurer, or 11 Secretaryffreasurer, a Grievance Chairperson, a Part-Time Concerns Representative, a designee for Affumative Action, ll Retiree Representative and such other officers ns sh:lll be specified in the Cluapter By-Laws, who, with the exception of the Grievnnce Chairperson, [and) the designee for Affilllllltive Action nnd the Retiree RepresentDtive must be elected in accordance with the provisions of Article VIII, Nomination and Election Procedures, of this Constitution, nnd provided that any Chapter may designate, in ils By-Lnws, other positions as elective provided.howc!\'er. that Retired members may not serve In any elective position in anv Chapter representing Active employees but mny serve In appointive committee positions in such Chapters.

ii. The Retiree Chopter shDII hDvc as officers.a President.a Vice President.a Sec:retarv and a Treasurer or a SeeretarvffreDsurer.

c. Regional Divisions for the purposes cited In Section 3.b.3 ond 3.b.4 slulll be ns follows:Capitol District:Albanv, System Administration, Cobleskill.New Paltz. New York State Theatre Institute; Lnog Island:Farmingdale. Old Westbury, Stony Brook, Stony Brook HSC; North Conntry:Canton. Plnttsbureh.Potsdam; \VStem New York:Alfred, Brockport, Buffalo HSC.SUC-BuiT:alo.SUNY- BuiTalo.Fredonia.Geneseo; <;rmtnd &w York: EnvlronmentDl Science nnd Forestrv.Morrisville, Oswego.Syruc:use HSC.Utica/Rome; Metropol(tan:Brooklvn HSC.Maritime.Ootometrv, Purchase; Southern Tir;r:Binghamton, Cortland.Delhi, Oneonta.Empire State Chapter retirees will be Included In the Reef on in which such member's primary work sUe prior to retirement was located.

The officers of each Chapter shall nrr.mge for meetings, for elections, for effective communication between the Chapter, the Delegate Assembly.and other appropriate bodies, and for such other Chapter activities ns may be required to accomplish the goals of the Union;

fd:l£: Each Ch:lpter, with the exception of the Retiree Chapter, which shall have Its fiscal nc:countln!! performed by the UUP Treasurer or desil!nee in consultntion with the Tre11surer of the Retiree Chapter, sh:lll periodically submit a fiscal accounting of its activities to the Executive Board of UUP, on a form authorized by tbe Board.

Page 34: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

ARTICLE VII.CHAPTERS.Section 3. Chapter Representntioo to the Delegate Assembly.a. b.c.d. c. lines 373 - 385:

Subjcctlo the provisions of Article VUI, Nomination and Election Procedures, of this Constitution, Chapter representation to the Delegate Assembly, with the exceotfon or the Retiree Chapter, shall consist of the following delegates: !: The first delegate shalt be the President of the Chapter; (b:i li. The second delegate shalt be the Vice President elected by and from the category alternate to that

of the Chapter President; (eJ Ill. The third delegate shall be the Vice President elected by and from the same category as the

Chapter President, if the Chapter is entitled to an additional representative from that category, except that where the Chopter is entitled to only three delegates, the Chapter may devise its own method for designation of the third delegate; Additiooal delegates and alternates shall be elected by and from the Chapter membership according to category;

fel...!: Notwithstnnding any other provision of this Constitution to the contrary, no Chapter shalt have fewer than two delegates.

b. Retiree Chapter reoresentatfon to the Delegate Assembly shall consist or the following delegates: i. The first delegate shall be the President or the Chapter; if. The sec;ond deleeate shall be the Vice President of the Chapter; iii. Each region shall elect one delegate by and rrom the region;each such delegate shall also

serve as regional chair for the region; iv. Fourteen delegates shall be apportioned among the regions as spec:lned In Section 2. c.of thIs

Article vn, as or the certincatlon date ror elections In any election year. according to Retirctl Chapter membershiP by region; such additional dclcgntes shall be elected bv und rrom the Retired Chapter membership In each region.

ARTICLE VII.CHAPTERS.Section 4. Types of Chapters and Institutions.line 387.Insert f. For the purposes of this Constitution, there shall be (fiwi sis: types of institutions and Chapters, liS follows:

r. Retiree Chapter.provided.however.that membership in the Retiree Chapter shall not affect anv ratio or proportion elsewhere mecilied in this Constitution.

ARTICLE VIII. NOMINATION AND ELECTION PROCEDURES.Section 2. Chapter Elections for the Deleg11tc Assembly.c.lines 420 -426; j. lines 457 -459:

c. Chapter members ineach category, as specified in Article lll, Section 2, of this Constitution, shall elect to the Delegate Assembly delegates from their ntnks, with the exception of the Chapter President. and in accordance with the provisions of Article VII, Section 3, of this Constitution; with the exception or tl1c Retiree Chanter.each category in a Chapter shall be entitled to one delegate for every seventv:f We-1 members or fraction thereof in the category.The Retiree Chapter shall be entitled to twentv-three delegates in accordance with the provisions Article VII.Section 3. b.

j. Candidates for delegate and alternate delegate, es:cept for candidates ror retired delegate and alternnte retired delegate, shall run for the position of delegate in their respective categories of Academic und Professiooal;

ARTICLE VIII. NOMINATION AND ELECTION PROCEDURES. Section 3. Nomination and Election Procedures for the Retired Delegate to the Delegate Assembly and the Other Elected Members of'the Committee on Active Retired Membership.entire section, lines 495 -536: [Seetiea J, JemiMlien and Eleeliea Preeedmes a,r !he R-etired Delegate te the Delegate A55eamly aad die Olher

eleeted Members e lhe CemmiUel BR Ae 'llf &eared MemheFShip. B. There shall be 8 delegate te the Delegate A5semhly eleeted ay BOEI fi:em the Retired MembeFShip efllte

argalli=aliem lr.--

i. There shall lie se\'ea eleeted memheFS efthe CammiUee ea Aetive &etired MeameFShip, in additien te dte R:etired Delegate te t:fte Delegate . eamly, wee, by reasea eflhe efiiee, shall ehaifothe

CemmiUee; eaeh sueh eleeted member eflhe Cemmi"ee saaJI be eJeeted by and frem-the Retired memhership desigaated as belonging tea gwen R.egiea as defined m Seelien 3.\!.ii. efthis Miele, Sl:ISh designatien heittg EleteRftiaed ily the leeatien efthe Cbaptli!r efwkiek BR;' Retired me!Mer sa heea a &eguJar memher prier te reftf'emeaJ!RWided; heꞏ,.,.e.,.er, tast aay R-etired member whe had

Page 35: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

heen a memher era 8*'-lewide CIJapCer prier ta retirement shall he designated ti helenging ta the Regie& ill whieh sueh memher'!i J1RweFk site p8er te Hatoem

ent WBS Iseated.

ii. Regiesal I>Msiens fer tfte pw:peses eited inSeetieR 3.b.i.shall be as felle'lt'5:Caeilal Dislriet: tdbey,{;eeal ,\dmiais&aaen, Cebleskill, New PaiR, }lew YaF1e State Thealfe Institute;1!!!g Island:Farmingdale, Old Wesl9, Steay 9Feel£; SeeBreak HSC;l'lerth Cauntrv:Centen, Plattslll1fgh, Petsdam; Weslem l'Jev Yaffe:AUi:ed 1Dreelepert; Duifale HSG, SUG Duffala, Stn'l¥ Buifale, Ffede&i&, Genesee;Centml New Verla Ea...WnmeR*"I Seienee and Feres&y, MarrisYille, O&v:ege, S;qoaew;e HSC, Ytiea/Reme; Mel@pelitan:Draeli:l)'R HSG, Ma8ame 1 Opteme PIH'ehase; Seu*"'eFR Tier:Bmghamte&; Certi&Bil, Delhi, Oneeata. Bmpire Slate Cflapter retirees will be ieelaeed iB *"'e Regiea iR whieh sueh memhef's prifflllry-wefle site p8er te reliHment was leeated.

e. PJ:eeed res far na&Usatiens aad eleeliefl5 shallse determiBed hy tlte B!;eevl:i•te Beard and shall he published te the Reat:ed MemhefShiPl sueh pMeedURs sllall ee eeASistent •,•Jitft these es!ahlished fer Chapter eleeaans fer lhe Delegate A5semhly1 as appnpriate:

d. The Bleetiens aad Crede&lials Cemmittee shall lie respensillle far die eeaduet efnem inaae&and eleetiens

ealleti fer under the pra•Jisiens ef this &eeaea.)]

ARTICLE Yin. NOMINATION AND ELECflON PROCEDURES. Section [.q becomes Section 3. Nomination and Election Procedures for Officers and Executive Board Members. a. lines 539 -540; and i.lines 600 - 603: Section - Nomination and Election Procedures for Officers and Executive Board Members.

a. Officers ond members of the Executive Board shall be elected by llDd from lhe membership of the Delegate Assembly; provided.however, that delegates from the Retiree Chapter shall not be eligible to be nominated or serve in such positions.

i. Any person serving as an Of1iceror member of the Executive Board, with the exception or the President or the Retiree CluJpter serving as ll non-voting member on the Executive Board, shall be eligible for nomination, renomination, and election to any position elected by and from the Delegate Assembly.

APPENDIX "A" TO ARTICLE VIII. UUP CHAPTER ELECI10N GUIDELINES.Section 1. Responsibilities., D, 1. line 713; 2.lines 717 -718;3.line 723:

1. At least thirty days prior to the close ofnominntions, nomirmtions for cuch office requiring election shall be solicited from all (RegYiar and Relirelij members of lhe Chapter.

2. This notice of election and call for nomination, the procedure to be followed in nominating, and the date nominations close shall be mailed to each [Regular and Retired] Chapter member at the latest known home address.

3. All nominees and nominators roost be [Regtllar er Retired] members in good standing ofUUP ns of the certification date of the election.

ARTICLE IX. REFERENDA.Section 2. Initiation and Procedures. n.iii.line 885:

iii. By petition of at least ten percent of the [regalarJ members, drawn from at least twenty percent of the Chapters, excluding the Retiree Chapter.

ARTICLE X.COMMITTEES.Section J. Standins Cornrruttecs.lines 901 -902; a. i.lines 907, 917, 919; h., lines 973 -987; subsequent sections move up to end withj.lines 998 -1018: Tite Standing Committees of this orgnnizlltion shall be the Committees on Negotiations, Legislation, Membership, Finance, Grievance, Elections and Credentials, Affirmative Action, (AeQt.re RetiH!EI Meeership,] Part-Time Concelll$, Solidarity, and Women's Rights and Concerns.Only Active Members shall serve as Chairs or Standing Committees.

a. i. The Negotiations Committee for the Professional Services Negotiating Unit of the State University

ofNew York shall be composed ofa chair, one member from each Chapter, with the exception or the Retiree Chapter.and, in addition, one academic pllrt-time member chosen at large ond one professional pan-time member chosen at large; in its entire membership, the CollUllittee shall reflect the approximate whole-number ratio of academic and professiorml members of the Delegate Assembly. Prior to formulating its proposals for presentation to the: President for negotiation, it shall form an Ad Hoc Advisory Committee, which shall consist of the members of the Negotiations Committee and one academic and one professional member from each of the ChDpterst wltlt the exception ofthe Retiree ChApler; the members of the Advisory Committee shall be responsible for compiling 1md presenting the concerns of the membership of cuch Chapter, with the exccptron or

Page 36: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

the Retiree Chapter.each type of institution, and each category of membership to the Negotiations Committee for consideration in such formulation;

flt The CeENBiltee en Aeave R:efiRd MemheFShip shall be eempesed ef=.ele•,ren membeFS,-snen eleeted by and fFem die Retired MemheFSftip eflhe ergaBiital:ien; twa appeiHted ey the PresideBq and; hy reil5en-ef lheir eAiees, the MembeFShip DerJelepwnt Qllieer eddie RJ!tired Delegate te lite Delegate Assembly, whe,by reasen efthe emee, shall ehair the Cemmiuee. The Gemmiltee en Aeti'il! Retired MembeFShip shall warl< ta eaeaUf6ge and pFemate retired memeefShip, shall Rlllbꞏreeammendalians with regaflke ergaaiitaliaRal s&uelures whereift rearees and the Ynien may eantinwe their matwally henefieiaJ HlaHenslHps, shall prapese means wkelfiy the iBteresls afReM!d meml!efS aR referred ta appFepriate hedies, shalleensider sueh ether masers as may be referred ta il; and shall repeFt ta the Presideat, the <eeutive BeBfd; and lhe Delegate Assemi!Jy1 ]

fij..b.:. The Conunittee on Part-Time Concerns shall work to encourage and promote membership and activity of part-timers; shall make recommendations with regard to organizational structures wherein part- timers may work; shall propose means whereby the interests of part-time members an: referred to appropriate bodies; sbnll consider other matters referred to it; shall work with other committees as directed by the Executive Board to further the needs ofplll"t-timers, and shnll develop programs designed to aid members and chapters.

EH!:The Solidarity Committee shall work liS a liaison of the Union with the labor movement at large through such activities llS the gathering and dissemination of information about other unions, union-related m: ners, social justice issues, and the role ofUUP in the labor movement in this State, regionally, nationally, and internationally; shall receive and respond to, or recommend appropriate: referrals or other actions rc:g11rding, such matters as may, from time to time, be received from or referred to it by other unions, organizing committees, the Executive Board, the Delegate Assembly, the Chapters of the organization, or other appropriate bodies; shall administer a Solidority Fund, should such be budgeted, under guidelines established by the Executive Board; shalt consider such other rtliltters as may be referred to it, and shall report to the President, the Executive Board, and the Delegate Assembly.

(lEU. The Women's Rights and Concerns Conunittee shall report to the President, the Executive Board, and the Delegate Assembly with respect to fair and equal treabncnt of women, their issues and concerns, and shall work to assure that fnimc:ss and equity for women, their issues and concerns as manifested on local campuses and are reflected in the activities and policies ofUUP and its nffiliates.

The Executive Board recommemls a YES vote to tire Delegate Assembly on tlris amendmelll.

Page 37: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX X I ARTICLE I - NAME 2 3 This organization shall be known as NYSUT Retiree Council# 40, 41, 42. 4 5 ARTICLE D - PURPOSE 6 7 To promote the best interest and welfare of NYSUT Retiree Council# 40, 41, 42 8 retirees; to promote mutual assistance and cooperation with other organizations with 9 which it is associated; and to promote the aims and objectives of the New York State

10 United Teachers and its national affiliates. 11 12 ARTICLE DI- AFFILIATIONS 13 14 This retiree council is affiliated with the New York State United Teachers and its 15 national affiliates. 16 17 ARTICLE IV - MEMBERSHIP 18 19 Membership in this retiree council shall be open to all who are eligible for retired 20 membership through United University Professions, NYSUT Local # 40-805. All 21 members of this retiree council must be a retired member of United University 22 Professions in good standing. 23 24 ARTICLE V - DUES 25 26 There shall be no annual dues for membership to the NYSUT Retiree Council# 40, 27 41, 42. 28 29 ARTICLE VI - OFFICERS 30 31 The Officers of the NYSUT Retiree Council# 40, 41,42 shall be President and Vice- 32 President. 33 34 Section 1. Duties or the President 35 The President shall be Chief Executive Officer of the NYSUT Retiree Council# 40, 41, 36 42; administer all affairs and execute all policies of the retiree council; preside at all 37 meetings of the Board of Directors and general membership; represent the retiree 38 council with all external groups; appoint and establish the function of all committees 39 subject to the approval of the Board of Directors; call regular and special meetings of 40 the Board of Directors and the general membership; and fulfill such other duties as 41 the office requires and as are consistent with this constitution. 42 43 Section 2. Duties or the Vice-President 44 The Vice-President shall assume the duties and responsibilities of the President in 45 her/his absence and shall perform other duties as the President or Board of Directors 46 may designate.

Page 38: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

- ---------------------------------------------------- 47 48 Section 3. Election 49 The election of officers shall be conducted by United University Professions, Local# 50 40-805, and as such shall follow the policies and procedures set forth by United 51 University Professions. 52 53 Section 4. Term of Office 54 Officers shall be elected for terms of two years. 55 Section 5. Vacancies 56 a. If the office of the President becomes vacant the Vice-President shall assume 57 that office. 58 b. If any other office becomes vacant, it shall be filled by an election within the 59 Board of Directors and that person shall hold the office until the next 60 election by the general membership. 61 62 ARTICLE VII BOARD OF DIRECTORS 63 64 Section 1. Composition 65 There shall be a Board of Directors consisting of the elected officers and seven 66 additional persons elected by and from the seven regions as defined by the United 67 University Professions Constitution. There shall be no more than one person from 68 each of the regions of the state as determined by United University Professions. Total 69 membership of the Board shall be nine. 70 71 Section 2. Election 72 The election of members of the Board of Directors shall be conducted by United 73 University Professions, Local# 40-805, and as such shall follow the policies and 74 procedures set forth by United University Professions. 75 76 Section 3. Term of Office 77 Members of the Board of Directors shall be elected for terms of two years. 78 79 Section 4. Duties 80 The Board of Directors shall: 81 a. Submit a annual budget to United University Professions; 82 b. Approve expenditures as may be required; 83 c. Interpret the Constitution; 84 d. Act on policy matters for the retiree council; 85 e. Make policy recommendations to the membership for their consideration; 86 and 87 f. Perform all other duties as enumerated by this Constitution. 88 89 Section 5. Meetings 90 The Board of Directors shall meet at least three times during the year. Special 91 meetings may be called by the President or by petition of a majority of the Board of 92 Directors.

Page 39: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

93 94 ARTICLE VIII - Representatives to Representative Assembly 95 96 Representatives to the NYSUT Representative Assembly and national governance 97 bodies shall be elected in accordance to United University Professions, Local# 40- 98 805, election policies and procedures. 99 I00 ARTICLE IX - Protection of Rights of Members 101 102 Every member of this retiree council shall have equal rights and privileges to 103 nominate candidates, to hold office, to vote in elections or referendum, to attend 104 meetings and to participate in deliberations and voting upon the business of the I 05 retiree council. This retire council shall show no discrimination toward any 106 individuals on the basis of sex, creed, color, race, national origin or political activities I 07 and beliefs. 108 I09 ARTICLE X - Amendments 110 Ill Section 1. Initiation 112 Amendments to this constitution may be proposed by a majority of the Board of 113 Directors or no fewer than ten percent (10%) of the membership. 114 115 Section 2. Procedure 1 16 A proposed amendment must be distributed to the each member at least thirty (30) 1 17 days prior to the ratification vote. 1 18 1 19 Section 3. Adoption 1 20 An amendment may be ratified by a two-thirds (2/ 3) majority of those members who 121 participate in the vote. 122 123 ARTICLE XI - Parliamentary Authority 124 1 25 Meetings of all duly constituted bodies of this retiree council shall be governed by 1 26 Robert's Rule of Order, Newly Revised, except as otherwise provided for in this 127 Constitution. 1 28 129 ARTICLE XII - Enabling Procedure 1 30 1 31 Section 1. Constitution 132 This Constitution shall become effective upon ratification by the members through a 1 33 secret ballot vote conducted by United University Professions. 1 34 135 Section 2. Officers 1 36 The initial President of this retiree council shall be the person elected as the United 137 University Professions' COARM chair and shall serve a provisional term ending when

Page 40: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

138 official elections take place by the members of this retiree council. The office of Vice- 139 President shall remain vacant until elections are conducted. 140 I41 Section 3. Board of Directors 142 The initial Board of Directors shall consist of the elected representatives of the United 143 University Professions COARM Committee and shall serve a provisional term ending 144 when official elections take place. 145 146 Section 4. Article XII 147 This article shall automatically be revoked following the implementation of Sections 148 1, 2 and 3.

Page 41: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

APPENDIX XI

Task Force Oil\ Retirees

Proposals for Retiree Delegates Represe ttatio t:

Bot -\ proposals would NOT occur it tl-\is electiot CtJcfe.

C"'arfie McAteer proposal: Retirees are cou tted at OO/ delegate iii\Stead of 75/

delegate for actives.

• UW\it retiree delegates btJ usi tg delegate cou tt of 1..00 per delegate to

calculate 11\UW\ber of atte tdees w"'ife {eavi tg actives at 75/defegate. Results

it approxiW\ate perce ttage of 1..0% wl-\icl-\ is {ower t"'all\ te curre tt .20 -25%.

• tf retired W\eW\bers W\Ore t all\ te aUotW\e tt are 11\0W\i tated a td receive

votes, t"'etJ s a{{ be ra tked a td fisted as retiree delegates (after tate) to be

co ttacted it tl-\e eve tt tl-\at a totl-\er retired delegate cot tot atte td a DA.

Pro:

• No ADDITIONAL tew e{ectiot baUot is teeded wl-\ic"' would i tcur additio taf

expeii\Se.

• Tl\ere would be vert] little cl-\a tge it tl-\e future evet wit"' t"'e growtl-\ itt"'e

11\UW\ber of retirees.

• Does NOT cut te 11\UW\ber of delegates it a ttJ c apter.

• Does NOT ide ttify a ty c apter by size.

• Requires ide ttift]i tg retired 11\0W\i tees it order to ra tk t"'eW\ after tl-\e

e{ectio t.

• Requires resolutiot (coii\Stitutio tal aW\e tdW\e tt) to cl-\a tge tl-\e 11\UW\ber of

delegates for retirees froW\ 75 to oo.Needs to be calculated for evert]

DA like we curre ttly do it tl-\e W\eW\bers ip report..

Page 42: Report of the Task Force on Retirees · 2019. 11. 20. · Report of Task Force on Retirees 2016 chapters of a total of514 delegates electedatallthechapters(22.8%). ActualDA attendancehas

Bob Regat\Se Proposal: Results iVl. approxiMately q:1 delegates or :16% of total

possible.

• LiMit te Vl.UMber of retirees to :1 AcadeMic aVl.d :1 ProfessioVl.al for eacltt

c apter for tlttose clttapters /t\aviV\9 :1-0 delegates or less.

• Clttapters witltt :1:1 to 2.0 delegates are aUowed to elect up to 3 retiree

delegates.

• Clttapters witltt 2.:1 or W\ore delegates aflowed to elect up to 4 retiree

delegates.

Pro:

• SiMplicity

• UW\its tltte Vl.UW\ber of retiree deleaates regardless of tltte perceVl.tage of

retirees relative to Vl.OV\ retired W\eW\bers.

• CaVl.Vl.ot clttaVl.ge iVl. tltte future

• No desigVl.atioV\ OV\ baUot as to retired or active.

• Does Vl.ot Vl.eed to be ca(cu{ated every DA

CoVl.:

• Requires coV\StitutioVl.a{ c aVl.ae

• ldeVl.tifies SW\alt c apters, W\ediuM c apters aVl.d large clttapters.. :1-0-2.0:1-6